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UKIPO

The consumer will still be unable to recollect the marks with any degree of accuracy – 1

The consumer is likely to take into account the quality, freshness, price, expiry date, nutritional value and ethical an...
UKIPO

Above-medium degree of visual similarity between the marks overall

Visually, the marks differ due to the contested mark containing the additional words, ‘EYES TO’, at the beginning which ...
UKIPO

The applicant’s mark is perceived as ‘Talent 27’ rather than ‘27 Talent’

Taking the above into account, I am of the view that the differences between the marks are likely to be overlooked and a...
UKIPO

No basis why the addition/removal of the horse’s head and/or the words ASTON MARTIN would be considered a logical and consistent brand extension – 2

Although direct confusion and indirect confusion both involve mistakes on the part of the consumer, it is important to r...
UKIPO

No basis why the addition/removal of the horse’s head and/or the words ASTON MARTIN would be considered a logical and consistent brand extension – 1

Confusion can be direct or indirect. Direct confusion involves the average consumer mistaking one mark for the other, wh...
UKIPO

Lesser degree of similarity between these goods will be offset by the identity between the marks

In respect of the goods at issue, I find that the average consumer will be either health boards or private health clinic...
UKIPO

Obvious risk of damage should the opponent’s customers be dissatisfied with goods purchased from the proprietor

In the classic case of passing off, where the defendant represents his goods or business as the goods or business of the...
UKIPO

Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

None of the CJEU authorities support the proposition that actionable infringement should be limited to post-sale confusi...
UKIPO

Survey evidence

Where the applicant submits responses to questionnaires filed as a result of a survey (aimed at either the general publi...
UKIPO

Abbreviations, acronyms or initials coupled with their full meaning

Where the mark consists of a letter and word combination and the letter sequence clearly and unambiguously represents th...